Article 1000 of the Civil Code outlines the ways in which non-pecuniary liability is to be undertaken for situations involving harm elimination,reputation restoration,and offering of apologies in cases of infringement upon personality rights.These modes of liability should be commensurate with the specific nature of the infringing actions and the scope of their impact.This aligns with the principle of compensating for damages in pecuniary liability cases and is in harmony with the foundational principles of tort liability remedies.As the term'commensurate'constitutes an indefinite concept,its precise application should necessitate judges to engage in a comprehensive analysis of various factors to achieve a judicious balance of interests.To demystify the process of judicial interest balancing and make it more justifiably transparent,the concept of'commensurate'can be elucidated through a structured four-tier proportionality analysis method.In cases where the party responsible for the infringement refuses to fulfill the obligations outlined in legally binding judgments,resolving the difficulties in enforcing non-pecuniary liability can be facilitated through alternative execution methods.The costs incurred in such processes grant the party seeking execution the right to claim reimbursement from the non-complying party.
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